November 7, 2019 year
President Rumen Radev refused to sign a decree appointing Ivan Geshev as chief prosecutor and returned his election to the Supreme Judicial Council (SJC). Although the Constitution does not oblige him to state reasons, his words to the media made it clear that the main reason for his decision was the lack of competition – the presence of only one candidate.
„The approach of nominating a single candidate was practically supported by the executive power," Radev added, referring to the refusal of Justice Minister Danail Kirilov to take advantage of his right to nominate a second candidate for the post, which, according to the head of state, led to "the complete lack of alternative".
November 26, 2019
President Rumen Radev signed a decree appointing Ivan Geshev as chief prosecutor. This was announced by the head of state during his brief statement after meeting with Sotir Tsatsarov's deputy in the presidency. Similar to his statement returning Geshev's original selection to the Supreme Judicial Council (SJC) on November 7, Radev did not allow for journalistic questions.
"At the beginning of the month, I returned the SJC's proposal for the chief prosecutor and emphasized that the way this election was conducted should create trust in the public, not raise doubts. The re-voting in the SJC failed to dispel them. However, there is no way I will listen to the calls to violate the Constitution, because the rule of law is the foundation of democracy," the president reasoned.
From his words, it was clear that he would not ask the Constitutional Court for an interpretive decision on the question of whether the judicial officers correctly voted out the only candidate for chief prosecutor or should have started the procedure from the beginning, giving the opportunity for other candidates to participate.
June 12, 2023
The Plenum of the Supreme Judicial Council voted to dismiss Chief Prosecutor Ivan Geshev early from his position on a proposal made by four members of the Prosecutor's College because of a statement that harms the prestige of the judiciary. This was done with the support of 16 members of the council, four voted against. Ivan Geshev did not attend his release. Geshev's release became a fact when the president signed a decree.
That was then, and now
Today we have more of the same. This phrase has become increasingly common in recent years. Borislav Sarafov is currently the only candidate for the post of chief prosecutor. Even though he doesn't want to. Or at least that's what he said before he became acting attorney general, and today he's not giving up. Or there is something that clearly indicates to him not to give up the post, even though he may (not) want to. But the fact that someone does not want to be in a given position is not something new for Bulgaria. Rosen Plevneliev didn't want to become president either, but he did, he didn't hesitate.
Another interesting thing is what stops all the other prosecutors and why they don't want to fight for the post of chief prosecutor. They don't want, they don't dare, they don't feel like it, they don't feel ready… Are there not enough prepared people in the ranks of the prosecutor's office to say: “I want!“ Or they know that if they say they “want”, then they might be out of a job. And so we have a single candidate for the post (for now). There is no question of competition. The SJC is silent here as well. Raised Sarafov after freeing Geshev, and today he wants more from Sarafov. A year and a half acting and 7 years of a new mandate – no other attorney general has managed so much. Or that's exactly the idea. A lot, and Sarafov.
The President's Dilemma
The head of state Rumen Radev may once again have to exercise one of his key powers - to sign the decree for a new chief prosecutor. He hesitated about Geshev, but signed from the second time. Now he doesn't want Sarafov, but… If he is again forced by the facts…
If Radev allows himself to sign the decree the first time, if Sarafov is elected by the SJC as the requests are, at least at the moment, he will get himself into many, many political troubles. If he doesn't sign the first time, he will show character, but only so much. In case of re-election in favor of Sarafov at the Supreme Court, which will be considered completely normal and expected, he will still have to decline.
But…
Radev already has options here. The question is whether he will take advantage. If Sarafov's election becomes a fact, Radev can appeal to the Constitutional Court for the mandate of the SJC. And whether the SJC with an expired mandate can elect a chief prosecutor. A few days ago, we heard from the SJC that this body of the council intends to fulfill its constitutional obligations and elect a new chief prosecutor and a new president of the Supreme Administrative Court.
According to Velislav Velichkov from the “Justice for Everyone“ Radev has full constitutional grounds not to sign the decree because of the expired mandate of the Supreme Judicial Council. According to him, and according to a number of leading lawyers, the current SJC is seriously compromised and lacks representation. The reason is that neither the parliament nor the professional quotas are behind its current composition.
Elections on October 27
The October 27 election may also add a new dimension to the race for the post of attorney general. And this is so, because with the presence of a regular cabinet and a stable parliament, it can happen that there is also a new candidate. The Minister of Justice, whoever he is, can make a proposal, and so can the Parliament. The question is whether… If not, how brave will Radev be…